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Freedom gets a boost!

TyGuy

Regular Member
Joined
Mar 19, 2010
Messages
775
Location
, ,
I know that some states basically have a ban on carrying firerarms, but technically Illinois was the lone state with a total legal ban. That has come to an end as of today.

The 7th Circuit Court of Appeals struck down Illinois' ban on carrying firearms outside of the home today. They granted a 180 day stay to allow the legislature to pass something.

I hope that we get a good shall issue system in place, but today was a HUGE step forward for us in Illinois.

Link to the oral arguments (MP3) and the decision released this morning (pdf - see the last paragraph on page 20 for the summation)

http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=12-1269&submit=showdkt&yr=12&num=1269
 

OC4me

Regular Member
Joined
Jan 14, 2009
Messages
750
Location
Northwest Kent County, Michigan
Congrats guys, now make them give you a shall-issue law, don't settle for may-issue!

Why settle for shall-issue? If nothing is passed by the legislature in 180 days, then you have de facto Constitutional carry (Vermont-style carry).

There is nothing in the mandated stay of the Permanent Injunction that allows the statutes that are currently prohibiting public carry from remaining constitutional should the legislature pass nothing.

If Illinois has enough pro-2A legislatures in either the house or senate to block any form of 'privileged carry' legislation, then by default the Right to Carry in public is restored (without infringements beyond Federal requirements i.e. no felons, lunatics, minors, etc.).

Remember, if there is no law forbidding something then it is legal! In 180 days the permanent injunction remains in force (it is permanent after all) and the statutes that currently ban public carry are no longer enforceable.

Good luck Illinois!

Regardless, if a few Pro-2A legislators drag their heels and threaten to block any legislation, grab some popcorn, it will be fun to watch the anti-gunners go absolutely nuts. The longer the legislation is held up the more frantic they will become for some (any) legislation and the better leverage you folks will have. Cross that 180 day mark and you have right to carry by default (don't abuse it of course)!
 
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E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
Why settle for shall-issue? If nothing is passed by the legislature in 180 days, then you have de facto Constitutional carry (Vermont-style carry).

There is nothing in the mandated stay of the Permanent Injunction that allows the statutes that are currently prohibiting public carry from remaining constitutional should the legislature pass nothing.

If Illinois has enough pro-2A legislatures in either the house or senate to block any form of 'privileged carry' legislation, then by default the Right to Carry in public is restored (without infringements beyond Federal requirements i.e. no felons, lunatics, minors, etc.).

Remember, if there is no law forbidding something then it is legal! In 180 days the permanent injunction remains in force (it is permanent after all) and the statutes that currently ban public carry are no longer enforceable.

Good luck Illinois!

Regardless, if a few Pro-2A legislators drag their heels and threaten to block any legislation, grab some popcorn, it will be fun to watch the anti-gunners go absolutely nuts. The longer the legislation is held up the more frantic they will become for some (any) legislation and the better leverage you folks will have. Cross that 180 day mark and you have right to carry by default (don't abuse it of course)!

Nov. 1, 2011 Wisconsin's Concealed Carry laws became effective. We've had some experience, with them and there is still some disagreement over whether a simple public carry status with NO licensing is the best situation. In Wisconsin the state constitution guarantees the right to bear arms, so Constitutional Open Carry existed prior to Nov. 1, 2011, but there were a number of restrictions on where this could be done.

I think most can agree on the value of simple Open Carry. Many do not seem to appreciate the value of an optional state handgun carry license. In Wisconsin it allows Concealed Carry most places that Open Carry is allowed. More importantly it allows carry in some situations where the state Open Carry law/right would not:

Federal Gun Free School Zone law prohibits carry within 1,000 feet of a grade 1-12 school grounds, with a few exceptions. One of the exceptions is for the holder of a license from the state the school grounds are in.

Michigan for example, allows Concealed Carry if you have a license from the state you are a resident of.
 

junglebob

Regular Member
Joined
Oct 28, 2006
Messages
361
Location
Southern Illinois, Illinois, USA
Congrats guys, now make them give you a shall-issue law, don't settle for may-issue!

Don't worry we've waited too long too settle for some wimpy may issue bill. The last bill to come up for a vote HB148, introduced in 2011 missed getting a super majority, required for preemption, by 3 votes, then 3 legislators flipped when they say it wouldn't pass and it came up short by 6. Brandon Phelps the bills main sponsor warned them that if they didn't pass that bill, a shall issue with preemption and a training requirement some of them wouldn't like what they got to vote on next if the courts ruled for us. Well we've got the advantage now and pressure is going to be put on reps to vote on a good bill or none at all.

Illinois Gun Owners Lobby Day last year saw about 5000 people come to Springfield to lobby the first wednesday of March, come the first wednesday in March of 2013 if there is a bill to be voted on or license to carry has passed I'll bet you may see 10,000 people in Springfield at the capitol.
 
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